Alberta Registration – Registration of an Alberta Sole Proprietorship

The Partnership Act (Alberta) governs the registration of Alberta trade names which are also considered to be the same as Alberta sole proprietorships.

The statute says that each person who: (1) is engaged in business for trading, manufacturing, contracting or mining purposes; and (2) is not associated in partnership with any other person or persons and uses as the person’s business name some name or designation other than the person’s own, or the person’s own name with the addition of “and company” or some other word or phrase indicating a plurality of members in a firm; shall file with the Alberta Registrar a declaration in writing of the fact. If you are doing an Alberta Registration it would be a good idea to review the Partnership Act online before you register your sole proprietorship.

In layman’s terms what the statute is trying to say is that any individual who is operating under a name other than his or her own name must register an Alberta sole proprietorship. A sole proprietorship registration in Alberta must be filed six months from the date it commences business in Alberta.

If you decide to register an Alberta trade name you should be aware that an Alberta Nuans name search is not required. It is not a requirement of the statute that the name you chose for your Alberta trade name be unique. The Alberta government will accept a registration of a name that is exactly the same as another name registered as a sole proprietorship in Alberta. If you are going to register a trade name and you realize that there is another name registered which is exactly the same, you should not register the same name unless you have a connection with that business or have received consent in writing to the use of the name.

A preliminary name search should be done to ensure your name is available and a search house can do this for you for a small fee. Many search houses will clear your name in advance for free if you chose their service when registering your Alberta trade name.

An individual can conduct business as a sole proprietorship by using his or her name and not registering an actual Alberta trade name. In fact the Alberta government will not allow you to register a sole proprietorship under your personal name. In some cases though it might be advantageous to have an Alberta registration in place such as when a corporate client wishes the sole proprietorship to acknowledge he or she has a valid business registration in place or in some cases where ancillary licenses are required for the company and a Alberta registration document must be shown. The federal government does not care if you have a Alberta sole proprietorship registration in place in order to issue you a federal Business Number. The federal business number is connected to the individual rather than the Alberta trade name registration.

It will not be possible for you to register your Alberta sole proprietorship by doing on your own. You must use a service provider to assist you. If you chose the right service provider it will do a preliminary name search on your name for free before they register your name and will ensure it is available and clear right across Canada.

If you wish to terminate your Alberta sole proprietorship you must file a Declaration of Ceasing to Carry on Business under a Trade Name.

Alberta Sole Proprietorships are perpetual. This means they will stay in place until you dissolve the registration.

Resources for Canadian Business Owners can assist you with your Alberta Small Business Registration and Alberta Business Registration or Preliminary Name Search